• Period to implead municipality - whether notice is required - any provision to exempt such period -

I want to implead Local Municipality as a party in existing partition suit. As per law of Maharashtra Municipality Act, a notice of minimum 2 months (I am not sure) has to be issued to local body like Collector , Municipality etc otherwise suit will not be maintainable. I am actually in hurry as Municipality is about to issue BCC and OC to builder, who has completed construction on suit property, where I have also share in open land ( my suit is for physical partition of ancestor suit property against my brother and a builder, who purchased open land from my brother, ignoring my share) and no way I am concerned with building.

My question is as below :

whether issuing a notice to municipality is mandatory, if so, then what is section ?

what period is required for filing a suit or implead them as party ?

Whether we can seek permission for exemption of such period, when there is an emergency ? if so, then under what section and act, one can file an application of such exemption ?

Regards.
Asked 1 month ago in Civil Law from Satara, Maharashtra

In injunction suit, no prior notice mandatory. You want intimidate injunction against issuing OC/CC, NO notice.

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

Yes serving notice to municipality is mandatory u/s 80 of CPC. However, the time period isn't two months, but one month. This means municipality can sued after c a period of one month from service of notice u/s 80

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1022 Answers
1 Consultation

4.4 on 5.0

Section 80 notice is mandatory before filing any suit against the government body, the notice has to be given to the concerned officer. 

Shubham Jhajharia
Advocate, Ahmedabad
18257 Answers
71 Consultations

5.0 on 5.0

In Vasant Ambadas Pandit v. Bombay Municipal Corporation and Ors., , the suit was filed against the Corporation without issuing a notice under Section 527 of the Bombay Municipal Corporation Act. The issuance of notice was mandatory

 

2)No suit can be instituted without service of notice if such service of notice is required statutorily as a condition precedent. The giving of the notice is a condition precedent to the exercise of jurisdiction 

 

3)except in case of urgency it may be excusable in a rare case, when plaintiff is required to be protected against threatened action of demolition of his house or shop as the case may be.

Ajay Sethi
Advocate, Mumbai
65485 Answers
3961 Consultations

5.0 on 5.0

A notice to the govt agencies is necessary but the period can be reduced in ceruin exceptional circumstances.an exemption application must be filed in the same court where the partition suit is pending.

Regards 

Rahul Mishra
Advocate, Lucknow
4125 Answers
11 Consultations

5.0 on 5.0

Section 80 of the CPC is the relevant section and it reads as follows: 

 

(1) [Save as otherwise provided in sub-section (2), no suits shall be instituted against the Government (including the Government of the State of Jammu & Kashmir) or against a public officer in respect of any act purporting to be done by such officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of............

 

 

if municipality is the necessary party then notice has to be issued.

 

permission for exemption is not generally given.

 

share the entire facts with some advocate for a concrete advice.

 

regards

Anilesh Tewari
Advocate, New Delhi
16748 Answers
254 Consultations

5.0 on 5.0

1. Under section 80 of CPC sending such notice is mandatory if the party to be added is government. To add a local authority like Municipality refer to the local law to find out mandate of sending of notice.

2. To file a writ petition no 2 months of notice is necessary.

3. In the partition suit you are not expected to get efficacious remedy against the Municipality and hence it is advisable to file writ petition if your remedy to be explored lies primarily against the Municipality.

Devajyoti Barman
Advocate, Kolkata
17481 Answers
248 Consultations

5.0 on 5.0

Yes you need to issue a notice under section 80 CPC for the same

Prashant Nayak
Advocate, Mumbai
11684 Answers
18 Consultations

4.8 on 5.0

Pre suit notice against any government body like Municipality is mandatory

But i fail to understand that even if the local body issues OC for the building, then how is your claim affected?

If your suit is decreed then the portion of the bldg standing on your share will have to be demolished

I think you are apprehending that if OC is issued, then builder will convey land to society of purchasers

If OC is not issued then purchasers will file Rera complaints against builder for delayed possession. 

The rights of purchasers vis a vis your right in a portion of the land will have to be assessed and generally the Courts will tilt in favour of flat buyers

If land is conveyed by builder upon receipt of OC to society, then you also have an option of making the society a party to your suit or you can file a separate suit against society claiming injunctive reliefs against it

Yusuf Rampurawala
Advocate, Mumbai
4322 Answers
22 Consultations

5.0 on 5.0

1.2. 3.Notice is not mandatory in case of municipality.(City Municipal Council Bhalki V/S Gurappa (2016) 2 SCC (200), so file suit immediately. 

Koshal Kumar Vatsa
Advocate, Gurgaon
1699 Answers
1 Consultation

5.0 on 5.0

Suit against Government without Notice u/Section 80 of CPC is not Maintainable

Mohammed Mujeeb
Advocate, Hyderabad
9365 Answers
3 Consultations

4.5 on 5.0

If you want to implead the local Municipality as a party to this suit without notice to them, you may file a petition under section 80(2) CPC in the suit before the court seeking waiver of notice for the reasons you rely upon.

 

T Kalaiselvan
Advocate, Vellore
55311 Answers
674 Consultations

5.0 on 5.0

Dear

In case if urgent injunction suit you don't need to give a prior notice to municipality as urgent cases are excluded by sub-section 2 of section 80 CPC. 

Mohit Kapoor
Advocate, Rohtak
2692 Answers
1 Consultation

5.0 on 5.0

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